Testimony of 

EUGENE R. FIDELL 

Feldesman, Tucker, Leifer, Fidell & Bank, LLP

Washington, D.C. 

Before the

Subcommittee on Benefits

of the

Committee on Veterans’ Affairs

House of Representatives 

on 

H.R. 5111 

Servicemembers’ Civil Relief Act 

July 25, 2002

 

Mr. Chairman and Members of the Subcommittee: 

            My name is Eugene R. Fidell. I am a partner in the Washington law firm of Feldesman, Tucker, Leifer, Fidell & Bank LLP, and have long been involved in issues relating to military service. I served on active duty in the United States Coast Guard from 1969 to 1972. I have testified in the past on proposed amendments to the Soldiers’ and Sailors’ Civil Relief Act of 1940. In addition, I was counsel in  Detweiler v. Peña, 38 F.3d 591 (D.C. Cir. 1994), an important SSCRA case decided by the United States Court of Appeals for the District of Columbia Circuit. 

            I have appreciated the opportunity to study H.R. 5111, and I would like to compliment the Subcommittee for undertaking this effort. The Civil Relief Act has never been the kind of legislation that makes a lawyer’s pulse quicken, but it remains terrifically important to military personnel. This is increasingly so given the tempo of military operations we are currently seeing and can, unfortunately, expect to see in the foreseeable future. Military personnel—both active duty and reservists called to active duty—have to have assurance that their affairs will not become hopelessly tangled in their absence while protecting our Nation. In this regard, I hope the Subcommittee will give favorable consideration to another pending proposal, H.R. 4017, which would extend the protections of the Civil Relief Act to National Guard personnel called to active service for periods of 30 consecutive days or more. As we come increasingly to rely on the Guard, and if the Guard is to remain a competitive option for those of our fellow citizens who volunteer to help defend the Nation, this kind of equitable measure has to be put in place. 

            I hope that H.R. 5111 is reported out and passed in the form in which it was introduced, plus the equity provision to which I just referred. H.R. 5111 does what needs to be done, and it doesn’t try to upset the balance that has been established in years past. Beyond this, I would also encourage the Subcommittee to continue to keep an eye on how this legislation works in practice. All too often, Congress launches a measure on the legal sea, and then may put it entirely out of mind until some crisis emerges. I certainly don’t think Congress should be taking the Civil Relief Act’s temperature every Monday and Thursday, but I hope this Subcommittee, at least, will retain a sense of ownership over the statute and keep an eye on its brainchild at suitable intervals. 

            Thank you again, Mr. Chairman, for the opportunity to present these remarks. As always, it is a pleasure to appear before a committee of this body. I would be happy to entertain any questions you might have.